Foreign Relations Law: Cases and Materials (Aspen Casebook Series)

Front Matter Editorial Advisors Title Page Copyright Page About Aspen Publishing Dedication Summary of Contents Contents Preface Acknowledgments Editorial Notice Overview of International Law and Institutions Part I. Introduction Chapter 1. Historical and Conceptual Foundations A. Constitutional Background 1. Declaration of Independence 2. Articles of Confederation 3. United States Constitution Federalist No. 3 (Jay) Federalist No. 4 (Jay) Federalist No. 11 (Hamilton) Federalist No. 15 (Hamilton) Federalist No. 42 (Madison) Federalist No. 75 (Hamilton) Federalist No. 80 (Hamilton) Notes and Questions B. Neutrality Controversy of 1793 Proclamation, April 22, 1793 “Pacificus” No. 1 “Helvidius” Nos. 1, 2 Grand Jury Charge of John Jay Neutrality Act of 1794 Notes and Questions C. Nature of U.S. Foreign Relations Authority Ex parte Merryman Chinese Exclusion Case (Chae Chan Ping v. United States) Carter v. Carter Coal Co. United States v. Curtiss-Wright Export Corp. Notes and Questions Note on Approaches to Constitutional Interpretation Part II. Government Institutions Chapter 2. Courts and Foreign Relations A. Jurisdiction over Foreign Relations Cases B. Justiciability: Standing, Ripeness, Mootness Campbell v. Clinton Notes and Questions C. Political Question Doctrine Baker v. Carr Goldwater v. Carter Zivotofsky v. Clinton Notes and Questions D. Deference to the Executive Branch Trump v. Hawaii Notes and Questions E. Act of State Doctrine Banco Nacional de Cuba v. Sabbatino Notes and Questions F. Presumption Against Extraterritoriality Morrison v. National Australia Bank Ltd. Notes and Questions G. International Comity and Abstention Ungaro-Benages v. Dresdner Bank AG Notes and Questions Chapter 3. Congress and the President in Foreign Relations A. Sources of Congressional Power Fong Yue Ting v. United States United States v. Clark United States v. Bellaizac-Hurtado Notes and Questions B. Sources of Executive Power President Monroe’s Annual Message to Congress, December 2, 1823 Theodore Roosevelt, An Autobiography William Howard Taft, Our Chief Magistrate and His Powers George W. Bush, The National Security Strategy of the United States of America (Sept. 2002) Youngstown Sheet & Tube Co. v. Sawyer Notes and Questions C. Relationship Between Congress and the President 1. Congressional Support for Presidential Action Dames & Moore v. Regan Notes and Questions 2. Conflicts Between Congress and the President Zivotofsky v. Kerry (Zivotofsky II) Memorandum from Walter Dellinger, Assistant Attorney General, Office of Legal Counsel, to Abner J. Mikva, Counsel to the President, “Presidential Authority to Decline to Execute Unconstitutional Statutes” (Nov. 2, 1994) Notes and Questions Chapter 4. States and Foreign Relations A. Statutory Preemption Crosby v. National Foreign Trade Council Arizona v. United States Notes and Questions B. Treaty Preemption Clark v. Allen Notes and Questions C. Dormant and Executive Branch Preemption Zschernig v. Miller American Insurance Association v. Garamendi Notes and Questions Part III. International Law in the U.S. Legal System Chapter 5. Treaties A. Self-Execution Foster v. Neilson Asakura v. City of Seattle Medellin v. Texas Notes and Questions B. Conflicts Between Treaties and Federal Statutes Whitney v. Robertson Cook v. United States Notes and Questions C. The Treaty Power and Federalism Geofroy v. Riggs Missouri v. Holland Bond v. United States Notes and Questions D. Conditional Consent Power Authority of New York v. Federal Power Commission International Covenant on Civil and Political Rights U.S. Reservations, Declarations, and Understandings, International Covenant on Civil and Political Rights Notes and Questions E. Treaty Interpretation and Reinterpretation 1. Treaty Interpretation El Al Israel Airlines v. Tseng Abbott v. Abbott 2. Treaty Reinterpretation Memorandum from Charles J. Cooper, Assistant Attorney General, Office of Legal Counsel, to Abraham D. Sofaer, Legal Adviser, Department of State, “Relevance of Senate Ratification History to Treaty Interpretation” Notes and Questions F. Delegation of Authority to International Institutions Sanchez-Llamas v. Oregon Natural Resources Defense Council v. EPA Notes and Questions G. Suspension, Termination, and “Unsigning” of Treaties Goldwater v. Carter Withdrawal from the ABM Treaty “Unsigning” of the Rome Statute Notes and Questions Chapter 6. Executive Agreements A. Congressional-Executive Agreements Made in the USA Foundation v. United States Memorandum from Walter Dellinger, Assistant Attorney General, to Michael Kantor, U.S. Trade Representative Letter from Senators Biden and Helms to Secretary of State Powell Notes and Questions B. Sole Executive Agreements United States v. Belmont U.S. State Department, Foreign Affairs Manual Case-Zablocki Act Notes and Questions C. Political Commitments 1. The Atlantic Charter Joint Declaration by the President and Prime Minister (The Atlantic Charter) 2. Agreement with Iran Concerning Production of Nuclear Weapons Material Joint Comprehensive Plan of Action Notes and Questions Chapter 7. Customary International Law A. “Part of Our Law” The Paquete Habana Filartiga v. Pena-Irala Notes and Questions B. Alien Tort Statute: Nature and Source of the Cause of Action Torture Victim Protection Act Sosa v. Alvarez-Machain Notes and Questions C. Alien Tort Statute: Extraterritoriality and Corporate Liability Kiobel v. Royal Dutch Petroleum Co. Jesner v. Arab Bank Notes and Questions D. Foreign Sovereign Immunity Saudi Arabia v. Nelson Notes and Questions Note on Diplomatic and Consular Immunity E. Individual Official Immunity Samantar v. Yousuf Yousuf v. Samantar (Samantar II) Notes and Questions F. The Charming Betsy Canon Ma v. Reno Serra v. Lapin Notes and Questions G. Reliance on Foreign and International Materials in Constitutional Interpretation Roper v. Simmons Notes and Questions Part IV. Crime, War, and Terrorism Chapter 8. International Crime A. The Constitution Abroad Reid v. Covert United States v. Verdugo-Urquidez Notes and Questions B. Extraterritorial Application of Federal Criminal Statutes United States v. Yunis United States v. Lawrence Notes and Questions C. Piracy United States v. Dire United States v. Ali Notes and Questions D. Extradition Treaty on Extradition Between the United States of America and Canada Lo Duca v. United States Ntakirutimana v. Reno Notes and Questions E. Extraterritorial Abduction United States v. Alvarez-Machain Notes and Questions Chapter 9. War Powers A. Congress's Role in Authorizing War 1. Historical Background Federalist No. 24 (Hamilton) Federalist No. 25 (Hamilton) Federalist No. 69 (Hamilton) 2. The Undeclared War with France Bas v. Tingy 3. The War of 1812 Brown v. United States 4. The Vietnam War Orlando v. Laird Notes and Questions B. The President's Independent Military Powers 1. The Mexican-American War 2. The Bombardment of Greytown Durand v. Hollins 3. The Civil War The Prize Cases 4. The Korean War 5. The U.S. Airstrikes Against Syria in 2017 and 2018 Memorandum Opinion from Steven A. Engel, Assistant Attorney General, Office of Legal Counsel, to the Attorney General, “April 2018 Airstrikes Against Syrian Chemical-Weapons Facilities” Notes and Questions C. Congress’s Authority to Regulate the President's Use of Force Little v. Barreme War Powers Resolution War Crimes Act of 1996 (as amended) Memorandum from Walter Dellinger, Assistant Attorney General, Office of Legal Counsel, to Alan J. Kreczko, Special Assistant to the President and Legal Adviser to the National Security Council, “Placing of United States Armed Forces Under United Nations Operational or Tactical Control” Memorandum from Randolph D. Moss, Assistant Attorney General, to the Attorney General, “Authorization for Continuing Hostilities in Kosovo” Testimony by Legal Adviser Harold Hongju Koh, U.S. Department of State, on Libya and War Powers, Before Senate Foreign Relations Committee Notes and Questions D. Covert Action 1. Historical Background 2. Statutory and Regulatory Framework 50 U.S.C. §3093. Presidential Approval and Reporting of Covert Actions Executive Order 12,333: United States Intelligence Activities (as amended) 3. The 1998 Covert Action Against Osama Bin Laden Final Report of the National Commission on Terrorist Attacks Upon the United States Notes and Questions E. War and Individual Liberties 1. The Civil War Ex parte Milligan 2. World War II Korematsu v. United States Ex parte Endo 3. Vietnam War New York Times Co. v. United States Notes and Questions Chapter 10. Terrorism A. World War II Precedents Ex parte Quirin Johnson v. Eisentrager Notes and Questions B. Military Detention of Alleged Terrorists Authorization for Use of Military Force Hamdi v. Rumsfeld Notes and Questions C. Military Commission Trials Hamdan v. Rumsfeld Notes and Questions D. Territorial Scope of Habeas Jurisdiction Boumediene v. Bush Notes and Questions E. Interrogation and Targeted Killing 1. Coercive Interrogation Third Geneva Convention Relative to the Treatment of Prisoners of War Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment U.S. Reservations, Declarations, and Understandings, Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, Cong. Rec. S17486-01 18 U.S.C. §2340 18 U.S.C. §2340A Memorandum from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, to Alberto R. Gonzales, Counsel to the President, “Standards of Conduct for Interrogation Under 18 U.S.C. §§2340-2340A” Memorandum from Daniel Levin, Acting Assistant Attorney General, Office of Legal Counsel, to James B. Comey, Deputy Attorney General, “Legal Standards Applicable Under 18 U.S.C. §§2340-2340A” Notes and Questions 2. Targeted Killing Al-Aulaqi v. Obama Speech by Harold Hongju Koh, State Department Legal Adviser, at the Annual Meeting of the American Society of International Law Speech by Attorney General Eric Holder, at Northwestern University School of Law Notes and Questions Appendices Appendix A. Articles of Confederation and Perpetual Union Appendix B. Constitution of the United States Appendix C. Select Jurisdictional Provisions Appendix D. Foreign Sovereign Immunities Act Table of Cases Index

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources.

A leading casebook on foreign relations law, authored by widely cited scholars who also have pertinent government experience, Foreign Relations Law: Cases and Materials, Seventh Edition, examines the law that regulates how the United States interacts with other nations and with international institutions, and how it applies international law within its legal system. The book offers a compelling mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background. 

New to the Seventh Edition:

• Addition of a third author, Ashley Deeks, a scholar with government experience as well as significant expertise in national security law, the laws of war, and intelligence gathering
• New excerpt of and extensive notes on the Supreme Court’s 2018 “travel ban” decision, Trump v. Hawaii
• Coverage of the Supreme Court’s 2018 Alien Tort Statute decision, Jesner v. Arab Bank
• Extensive discussion of recent treaty terminations by the Trump administration
• Discussion of the ongoing litigation concerning “sanctuary jurisdictions” in some states and localities
• Notes and questions on recent war powers developments, including on the use of force against the Islamic State and in Syria
• Updated notes and questions throughout the book to take account of recent cases, statutes, executive branch actions, and scholarship

Professors and students will benefit from:

• Clear and logical progression of the materials, starting with the powers of government institutions and then proceeding to specific substantive topics
• Coverage of both cutting-edge legal developments and relevant historical background
• Integration of leading scholarship into the notes and questions rather than in long excerpts of secondary materials
• Balanced presentation of controversial topics, with probing questions to consider in class discussions
• Combination of theoretical analysis with practical insights from real-world examples